This is the second coping mechanism that some have adopted, especially those who are reluctant to offer bribes. This affirms the assertion that some stateless persons or persons at risk of statelessness ‘operate outside the formal arrangement’.134 Whilst they would have loved to travel freely round the country, many have resorted to travelling within their local areas. If they require an item that is unavailable locally, they send someone who has an ID to purchase it on their behalf. One used other people ‘to get goods’ for her business. 138 This situation is not ideal as it reduces their ability to access essential commodities easily. Additionally, this mode of purchasing items is quite expensive considering that the sender is required to meet travel and other related costs. For a person who is struggling to make ends meet, finding yourself in a situation such as this could be very difficult. The fact that stateless persons are not recognized as citizens of any country make it difficult for them to travel internationally. In Kenya, as with most countries, only citizens are eligible to apply for a passport, 139 which is the common document that is used to facilitate international travel. Section 2 of the Immigration Act defines ‘passport’ in the following terms: [A document] issued to a person by or on behalf of the government of the State of which he is a subject, or a valid passport or other valid travel document or document of identity issued to a person by an authority recognized by the Government of Kenya,. For stateless persons or persons at risk of statelessness the fact that they are ineligible or find it difficult to apply for this travel document creates a barrier for those wishing to travel abroad for leisure, 140 employment, health, education and/or religious reasons. Over one third (27; 40 %) of respondents at risk of statelessness stated that they felt trapped in the country. Not only were they unable to move freely internally, but it was impossible for many to depart the country, particularly by air. As the borders of Kenya are porous, it is possible for a person travelling by land to leave the country. However, if he or she is arrested overseas, Kenya would not be able to grant him/her Interview with Christo, Nairobi Province, 15 September 2009. Interview with Kazoni, Nairobi Province, 1 October 2009. 138 Interview with Aissatou, North Eastern Province, 17 September 2009. 139 See also section 81(1) of the Constitution (providing that Kenyan citizens have exit and re-entry rights into the country). 140 Eric, for instance, stated that he was unable to ‘travel abroad for football matches’ (Interview with Eric, Coast Province, 15 September 2009). 141 For further discussion of this theme, see Edwin Abuya, ‘Revisiting Liberalism and Post-Colonial Theory in the Context of Asylum Applications’, (2006) 24 Netherlands Quarterly of Human Rights 193 at 220-221. 136 137 23 OUT OF THE SHADOWS TOWARDS ENSURING THE RIGHTS OF STATELESS PERSONS AND PERSONS AT RISK OF STATELESSNESS IN KENYA